(f) a mutual fund unit, investment fund unit or similar instrument, and

(g) any other property similar to one referred to in paragraphs (a) to (f).

Fees

2(1) For a duty or service described in Column 1 of the Fee Schedule, the party named in Column 3 must pay to the Public Guardian and Trustee, at the time specified in Column 4, the fee specified in Column 2 opposite the applicable duty or service.

(2) In relation to a duty or service described in item 10 (a) of the Fee Schedule, the requirement of subsection (1) of this section to pay the fee specified in Column 2 opposite that duty or service is subject to section 26 of the Representation Agreement Act.

Reductions and refunds

3If satisfied that hardship or unfairness will result from payment of a fee, the Public Guardian and Trustee may excuse or refund a fee, despite section 2.

Power to delegate

4The Public Guardian and Trustee may delegate the functions in section 3 to other persons in the office of the Public Guardian and Trustee.

Fee Schedule

[en. B.C. Reg. 154/2014.]

Column 1Duty or Service

Column 2Fee

Column 3By WhomPayable

Column 4WhenPayable

1

Adult Guardianship Act:

Acting under a support and assistance order under section 56

(i) 1% of cash received as capital,plus

The adult's estate

On demand

(ii) 4% of cash received as income,plus

The adult's estate

On demand

(iii) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The adult's estate

On demand

(iv) 1% of the gross value of all assets

The adult's estate

On termination of the support and assistance order

2

Community Care and Assisted Living Act:

Examining an application for consent under section 18 (4) (b)

$100

The applicant

On making the application

3

Employment Standards Act:

Administering money in trust for a child under

(a) the conditions of employment set under section 9 (3) of the Act, or

(i) 3.75% of the amount received and 3.75% of the income earned on it,plus

(ii) 0.7% per annum, computed monthly, on the gross value of all assets

The trust fund

On demand

4

Estates of Missing Persons Act:

Administering the estate of a missing person

(i) 3% of the gross sale price of real property sold by an agent,plus

The estate

On demand

(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,plus

The estate

On demand

(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,plus

The estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The estate

On demand

(v) 5% of the gross value of assets other than securities

The estate

On termination of the curatorship

5

Family Law Act:

Examining and responding to an application to appoint a trustee over a minor's estate under section 179 (2) (f) or 180 (f)

$500

The applicant

On service of the application

6

Infants Act:

(a) Performing services under section 2;

$250

The applicant

On completion of the transaction

(b) Examining an application under section 21;

$200

The applicant

On service of the application

(c) Examining an application under section 22;

$250

The applicant

On service of the application

(d) Examining an application for consent under section 40 (1.1) (a);

$200

The applicant

On service of the application

(e) Examining other applications under section 40;

(i) $100, if the proposed amount is not over $1 500;

The applicant

On service of the application

(ii) $250, if the proposed amount is over $1 500 but not over $5 000;

The applicant

On service of the application

(iii) $300, if the proposed amount is over $5 000 but not over $10 000;

The applicant

On service of the application

(iv) $500, if the proposed amount is over $10 000 but not over $15 000;

The applicant

On service of the application

(v) $750, if the proposed amount is over $15 000 but not over $50 000;

The applicant

On service of the application

(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000;

The applicant

On service of the application

(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000;

The applicant

On service of the application

(viii) $3 000, if the proposed amount is over $500 000;

The applicant

On service of the application

(ix) $250 for a consent to dismissal

The applicant

On service of the application

(f) Examining documents or applications under section 49

$250

Party adverse to the infant

On service of the documents or applications

7

Limitation Act:

Responding to a notice under section 20

$500

Person serving the notice

On service of the notice

8

Patients Property Act:

(a) Responding to a notice of application under section 7;

$500

The applicant

On service of the notice of application

(b) Attending to the passing of accounts under section 10 or 13;

(i) $125, for each 12 months reviewed, if the gross value of patient's assets is over $25 000 but not over $100 000;

Patient's estate

On presentation of the accounts for passing

(ii) $250, for each 12 months reviewed, if the gross value of patient's assets is over $100 000 but not over $300 000;

Patient's estate

On presentation of the accounts for passing

(iii) $325, for each 12 months reviewed, if the gross value of patient's assets is over $300 000 but not over $500 000;

Patient's estate

On presentation of the accounts for passing

(iv) $500, for each 12 months reviewed, if the gross value of patient's assets is over $500 000

Patient's estate

On presentation of the accounts for passing

(c) Examining an application under section 28;

$300

Patient's estate

On receipt of the application

(d) Acting as committee of the estate of a patient;

(i) 4% of the gross sale price of real property sold by an agent,plus

Patient's estate

On demand

(ii) 4% of the cash received, whether as capital or income, other than from the sale of real property by an agent,plus

Patient's estate

On demand

(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,plus

Patient's estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

Patient's estate

On demand

(v) 4% of the gross value of all assets other than securities,plus

Patient's estate

On demand

(vi) An amount equal to the difference between $100 multiplied by the number of months the Public Guardian and Trustee was committee of the estate prior to the patient's death and the sum of the amounts payable under clauses (i) to (v);

Patient's estate

On demand

(e) Acting under section 24 after the patient's death

$120 per month or pro-rated portion of it, commencing on the death of the patient until the receipt of the representation grant

Patient's estate

On demand

9

Public Guardian and Trustee Act:

(a) Acting as executor under section 6;

(i) 3% of the gross sale price of real property sold by an agent,plus

The estate

On demand

(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,plus

The estate

On demand

(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,plus

The estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The estate

On demand

(v) 5% of the gross value of assets other than securities;

The estate

On demand

(b) Acting as trustee under section 6;

(i) 3.75% of the gross sale price of real property sold by an agent,plus

The trust fund or estate

On demand

(ii) 3.75% of cash received, whether as capital or income, other than from the sale of real property by an agent,plus

The trust fund or estate

On demand

(iii) 3.75% of the gross value of securities at the time administration commences and 3.75% of their growth in value,plus

The trust fund or estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The trust fund or estate

On demand

(v) 3.75% of the gross value of assets other than securities;

The trust fund or estate

On demand

(c) Acting as attorney under section 6;

(i) 4% of the gross sale price of real property sold by an agent,plus

The trust fund or estate

On demand

(ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent,plus

The trust fund or estate

On demand

(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,plus

The trust fund or estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The trust fund or estate

On demand

(v) 4% of the gross value of assets other than securities;

The trust fund or estate

On demand

(d) Acting as litigation guardian under section 7;

$350

The young person

On demand

(e) Making an investigation or audit under section 17 (1)

(i) $125, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is not over $100 000;

The trust fund or estate

On demand

(ii) $200, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $100 000 but not over $250 000;

The trust fund or estate

On demand

(iii) $250, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $250 000 but not over $375 000;

The trust fund or estate

On demand

(iv) $300, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $375 000 but not over $500 000;

The trust fund or estate

On demand

(v) $350, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $500 000 but not over $600 000;

The trust fund or estate

On demand

(vi) $400, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $600 000

The trust fund or estate

On demand

10

Representation Agreement Act:

(a) Acting as a representative under section 5 or an alternate representative under section 6;

(i) 4% of the gross sale price of real property sold by an agent,plus

The adult's estate

On demand

(ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent,plus

The adult's estate

On demand

(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,plus

The adult's estate

On demand

(iv) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The adult's estate

On demand

(v) 4% of the gross value of assets other than securities;

The adult's estate

On termination of administration

(b) Investigating an objection about financial abuse under section 30 (3) or 31

(i) $125, if the gross value of the adult's assets is not over $100 000;

The adult's estate

On demand

(ii) $200, if the gross value of the adult's assets is over $100 000 but not over $250 000;

The adult's estate

On demand

(iii) $250, if the gross value of the adult's assets is over $250 000 but not over $375 000;

The adult's estate

On demand

(iv) $300, if the gross value of the adult's assets is over $375 000 but not over $500 000;

The adult's estate

On demand

(v) $350, if the gross value of the adult's assets is over $500 000 but not over $600 000;

The adult's estate

On demand

(vi) $400, if the gross value of the adult's assets is over $600 000

The adult's estate

On demand

11

Trust and Settlement Variation Act:

Examining an application under section 3

$750

The applicant

On service of the application

12

Wills, Estates and Succession Act:

(a) Examining a notice of civil claim under section 61;

$100

The plaintiff

On service of notice of civil claim

(b) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of Part 4;

$500

The plaintiff

On demand

(c) Administering the estate of a deceased person or acting under section 164 or 167;

(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,plus

The estate, if funds available, otherwise the beneficiary or heir

On demand

(B) 5% of the gross sale price of real property sold by an agent,plus

The estate

On demand

(C) 7% of the gross sale price of real property sold without an agent,plus

The estate

On demand

(D) 7% of cash received, other than from the sale of real property,plus

The estate

On demand

(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,plus

The estate

On demand

(F) 7% of the gross value of other personal property,plus

The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and the funds are not available from the estate

On demand

(G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)),plus

The estate, if funds available, otherwise the beneficiary or heir

On demand

(ii) 5% of the income earned by the estate,plus

The estate

On demand

(iii) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The estate

On demand

(iv) $75 per hour for staff time spent identifying, locating and proving heirs;

The estate

On demand

(d) Reviewing a notice to the court under section 121 (1) or 138 (2) and providing comments under section 124;

$300

The applicant

On service of notice

(e) Acting as a representative of an estate under section 150;

$300

The party seeking appointment

On demand

(f) Examining and responding to an application to appoint a trustee to hold and administer a minor's estate under section 153 (3)

$500

The applicant

On service of notice

13

Estate Administration Act:

(This item applies only in respect of deaths occurring before March 31, 2014)

(a) Acting as a representative of an estate under section 9 (1) (b) or sections 59 to 61;

$300

The party seeking appointment

Before the appointment becomes effective

(b) Reviewing an application to the court under section 7 or 41 and providing comments;

$150

The applicant

On service of notice

(c) Examining a notice under section 112;

$300

The applicant

On service of the notice

(d) Administering an estate or acting under section 51

(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,plus

The estate, if funds available, otherwise the beneficiary or heir

Before the conveyance

(B) 5% of the gross sale price of real property sold by an agent,plus

The estate

On receipt of proceeds

(C) 7% of the gross sale price of real property sold without an agent,plus

The estate

On receipt of proceeds

(D) 7% of cash received, other than from the sale of real property,plus

The estate

On receipt

(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,plus

The estate

On commencement of administration and on recognition of capital growth

(F) 7% of the gross value of other personal property,plus

The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and funds are not available from the estate

On receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate

(G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)),plus

The estate, if funds available, otherwise the beneficiary or heir

On demand

(ii) 5% of the income earned by the estate,plus

The estate

On receipt

(iii) 0.7% per annum, computed monthly, on the gross value of all assets,plus

The estate

Monthly

(iv) $75 per hour for staff time spent identifying, locating and proving heirs

The estate

On demand

14

Wills Variation Act:

(This item applies only in respect of deaths occurring before March 31, 2014)

(a) Examining a notice of civil claim under section 3;

$100

The plaintiff

On service of the notice of civil claim

(b) Reviewing and commenting on a proposed settlement of a wills variation action

$500

The plaintiff

On demand

Note: this regulation replaces B.C. Reg. 64/2000.

[Provisions relevant to the enactment of this regulation: Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, section 23]